Byron York on "Plamegate" on National Review Online

Byron York on "Plamegate" on National Review Online: "CIA leak prosecutor Patrick Fitzgerald argued at a hearing Friday that, as far as the perjury charges against former Cheney chief of staff Lewis Libby are concerned, it does not matter whether or not Valerie Wilson was a covert CIA agent when she was mentioned in the famous Robert Novak column of July 14, 2003. 'We're trying a perjury case,' Fitzgerald told Judge Reggie Walton."

The above makes sense in that this is where the investigation led, however, Fitzgerald is intent that neither Plames status nor '"any proof of actual damage,"' caused by the disclosure of" Plame's identity. Libby's defense has numerous times, asked for various documents open to the prosecution, to one, discover if Valerie Plame was, in fact a "covert agent."

"At times, Fitzgerald has argued that he did not have the documents, that the documents were none of Libby's business, that the documents were irrelevant to the charges against Libby, and that he did not have any documents to show that Wilson's status was not classified, so that therefore Libby should assume that it was. Finally, in court Friday, Fitzgerald argued that it just does not matter one way or the other."

"In a letter to the Libby team last Tuesday, Fitzgerald's deputy, Kathleen Kedian, said the special prosecutor will not give up the referral (referral sent to the Department of Justice from the CIA after publication of Robert Novak's article) — and that Libby simply did not need to know what was in it. "After consultation with the CIA, we advise that we view any such documents in our possession as not discoverable," Kedian wrote. "The documents remain classified and contain information compiled for law enforcement purposes that is neither material to the preparation of the defense, nor exculpatory as to Mr. Libby." This makes one truly wonder what is within those documents. I am all for keeping secret, that which should be kept secret, however it seems odd they cannot reveal at least her status. Perhaps their concern is the media* running with it and making the case for what it (the investigation), originally was about; distracting the public from what it has become?

Byron York closes with, "it is clear what Fitzgerald wants: a CIA leak trial in which the defense is forbidden from learning some critical facts about the CIA leak." more

*not to be confused with CNN, NBC, ABC, CBS and others of the msm.